Whether a warrantless border search of a cellphone at a port of entry violates the Fourth Amendment's protection against unreasonable searches and seizures

No question identified. : well since Friday, September 26, 2025. Symptoms include fever, chills, headaches, and serious fatigue. Attorney Ponall believes that he contracted COVID 19 from another attorney who he was in close contact with. Undersigned counsel did not file this motion earlier as he expected to his illness to subside with sufficient time for him to complete the Petition for Writ of Certiorari in this case. Unfortunately, undersigned counsel’s illness has continued to persist. As a result, undersigned counsel has missed a significant amount of time at the office, cancelled several court appearances, and fallen behind on his appellate filing deadlines. This situation has seriously impeded undersigned counsel’s ability to work and to complete the Petition for Writ of Certiorari. Accordingly, undersigned counsel needs additional time to complete the Petition for Writ of Certiorari. The Petitioner, through undersigned counsel, respectfully requests an extension of time until November 8, 2025, to file the Petition for Writ of Certiorari. Undersigned counsel has contacted Assistant Attorney United States Attorney David Rhodes and is authorized to represent that he has no objection to the requested extension of time. Respectfully Submitted on October 9, 2025 /s/ William R. Ponall WILLIAM R. PONALL PONALL LAW 253 N. Orlando Ave., Ste 200 Maitland, Florida 32751 Telephone: (407) 622-1144 Florida Bar No. 421634 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of this Application has been provided by email delivery to Assistant United States Attorney Michelle Taylor, on this 9th day of October, 2025. /s/ William R. Ponall WILLIAM R. PONALL Florida Bar No. 421634 USCA11 Case: 23-10377 Document: 50-1 Date Filed: 05/19/2025 Page: 1 of 15 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit No. 23-10377 Non-Argument Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID ALAN QUARLES, a.k.a. D, a.k.a. D Money, Appeal from the United States District Court for the Middle District of Florida USCA11 Case: 23-10377 Document: 50-1 Date Filed: 05/19/2025 Page: 2 of 15 2 Opinion of the Court 23-10377 D.C. Docket No. Before JORDAN, LAGOA, and HULL, Circuit Judges. PER CURIAM: After a jury trial, David Alan Quarles appeals his convictions for multiple human trafficking and sex offenses, including (1) sex trafficking by force, fraud, or coercion, in violation of 18 U.S.C. § 1591(a), (b)(1) and (b)(2); (2) importing an alien for prostitution, in violation of 8 U.S.C. § 1328 and 18 U.S.C. § 2; (3) transporting for purposes of prostitution, in violation of 18 U.S.C. §§ 2421 and 2; (4) using a facility in interstate or foreign commerce to aid an illegal activity, namely prostitution, in violation of 18 U.S.C. §§ 1952(a)(3)(A) and 2; (5) attempted sex trafficking of a child, in violation of 18 U.S.C. §§ 1594(a), 1591(a)(1) and (b)(2), and 2; and (6) conspiring to commit certain offenses against the United States, in violation of 18 U.S.C. § 371. On appeal, Quarles raises no issues as to his trial or his 420month total sentence. Instead, Quarles argues only that the district court erred in denying his pretrial motion to suppress evidence found during a border search of his cellphone. After review of the record and the briefs, we conclude that the district court did not err in denying Quarles’s motion to suppress and affirm his convictions. USCA11 Case: 23-10377 Document: 50-1 Date Filed: 05/19/2025 Page: 3 of 15 23-10377 Opinion of the Court 3 I. BACKGROUND A. Coast Guard Investigation of Quarles In March 2019, the Coast Guard Investigative Service (“CGIS”) was investigating Quarles for suspected human trafficking of a victim being transported from Michigan to Florida. In particular, based on a tip, a CGIS special agent in Michigan suspected that a Coast Guard petty officer had arranged for the transport of the victim with Quarles. Quarles had paid for the victim’s bus ticket from Michigan to Tamp